BILL NUMBER: AB 2193 CHAPTERED
BILL TEXT
CHAPTER 758
FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2004
APPROVED BY GOVERNOR SEPTEMBER 24, 2004
PASSED THE ASSEMBLY AUGUST 25, 2004
PASSED THE SENATE AUGUST 24, 2004
AMENDED IN SENATE AUGUST 23, 2004
AMENDED IN SENATE AUGUST 16, 2004
AMENDED IN SENATE JUNE 9, 2004
AMENDED IN ASSEMBLY APRIL 22, 2004
AMENDED IN ASSEMBLY APRIL 12, 2004
AMENDED IN ASSEMBLY MARCH 22, 2004
INTRODUCED BY Assembly Member Nation
(Coauthor: Senator Speier)
FEBRUARY 18, 2004
An act to amend Sections 22706 and 22708 of the Business and
Professions Code, relating to tanning facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 2193, Nation. Tanning facilities.
Existing law, the Filante Tanning Facility Act, provides for
regulation of tanning facilities by the Department of Consumer
Affairs, and requires a tanning facility to provide a written warning
to customers and to post certain warning signs in the facility.
Existing law makes a first violation of the act an infraction, and
subsequent violations a misdemeanor.
This bill would make a tanning facility that violates a provision
of the act liable for a civil penalty not to exceed $2,500 per day.
Existing law requires a person less than 14 years of age to be
accompanied by his or her parent or guardian when using a tanning
device.
This bill would instead prohibit a person less than 14 years of
age from using a tanning device.
By expanding the scope of a crime, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) The United States Food and Drug Administration (FDA) and
numerous leading United States health care organizations estimate
that approximately one million Americans each year will be stricken
with skin cancer, a potentially deadly disease, and the most common
of all types of cancers.
(b) Melanoma is more common than any nonskin cancer among women
between 25 and 29 years old, and as of 2003, one in 70 Californians
has a lifetime risk of developing melanoma. Nationally, one person
dies of melanoma every hour.
(c) The FDA, joined by the National Institutes of Health (NIH),
the United States Centers for Disease Control and Prevention (CDC),
and numerous leading United States and international health care
organizations, discourages the use of tanning beds and sunlamps, and
has concluded that indoor tanning can be as harmful as outdoor
tanning, and that perhaps more than one million people in the United
States alone visit tanning salons each day on the average.
(d) The FDA and numerous leading United States and international
health care organizations have expressed concerns that the consuming
public generally does not know that indoor tanning devices, such as
tanning beds and sunlamps, emit ultraviolet radiation, UVA and UVB,
that is similar to and sometimes more powerful than the UV radiation
emitted by the sun.
(e) The leading cause of skin cancers in California, including
basal cell and squamous cell carcinomas and melanoma, is excessive
exposure to UVA and UVB rays from both natural and artificial
sources. The FDA has concluded that there are no "safe rays" insofar
as both types of ultraviolet light cause skin cancer, damage to the
eyes and the immune system, as well as wrinkling and other signs of
premature skin aging.
(f) Tanning devices in salons, tanning parlors, spas, and similar
settings that emit mostly UVA light are in no way less harmful
alternatives to the sun's rays, insofar as UVA rays penetrate deeper
than UVB rays, causing damage to the underlying connective tissue as
well as to the skin's surface.
(g) Since there is currently no repair treatment available for
reversing the brutal effects of UVA and UVB rays on the skin,
effecting basic, minimally intrusive, public education to prevent
such damage before it occurs is the best approach to maintaining the
public health of the citizens of this state.
(h) It is in the public interest to exercise the state's public
education capabilities to warn the public of the risks of UVA
radiation exposure by skin tanning units or devices, to endorse the
findings released by the FDA warning Americans that the use of UVA
tanning booths and sun beds pose potentially significant health risks
to users, and to adopt legislation regarding UVA exposure to ensure
the posting of warnings of these risks in commercial tanning salons,
parlors, and spas.
SEC. 2. Section 22706 of the Business and Professions Code is
amended to read:
22706. (a) A tanning facility shall:
(1) Have an operator present during operating hours who is
sufficiently knowledgeable in the correct operation of the tanning
devices used at the facility so that he or she is able to inform and
assist each customer in the proper use of the tanning devices.
(2) Before each use of a tanning device, provide each customer
with properly sanitized protective eyewear that protects the eye from
ultraviolet radiation and allows adequate vision to maintain
balance; and not allow a person to use a tanning device if that
person does not use the protective eyewear.
(3) Show each customer how to use suitable physical aids, such as
handrails and markings on the floor, to maintain proper exposure
distance as recommended by the manufacturer.
(4) Use a timer that has an accuracy of plus or minus 10 percent
of any selected timer interval.
(5) Limit each customer to the maximum exposure time as
recommended by the manufacturer.
(6) Control the interior temperature of a tanning facility so that
it does not exceed 100 degrees Fahrenheit.
(b) (1) Every person who uses a tanning facility shall sign a
written statement acknowledging that he or she has read and
understood the warnings before using the device; and agrees to use
the protective eyewear that the tanning facility provides. The
statement of acknowledgment shall be retained by the tanning facility
until the end of the calendar year at which time each person who is
a current customer of the facility shall be required to renew that
acknowledgment.
(2) Whenever using a tanning device a person shall use the
protective eyewear that the tanning facility provides.
(3) Before any person between 14 and 18 years of age uses a
tanning device, he or she shall give the tanning facility a statement
signed by his or her parent or legal guardian stating that the
parent or legal guardian has read and understood the warnings given
by the tanning facility, consents to the minor's use of a tanning
device, and agrees that the minor will use the protective eyewear
that the tanning facility provides.
(4) Persons under 14 years of age are prohibited from using a
tanning device.
SEC. 3. Section 22708 of the Business and Professions Code is
amended to read:
22708. (a) A first violation of this chapter is an infraction.
Each day a first violation continues constitutes a separate
infraction.
(b) Any violation of this chapter subsequent to a first violation
is a misdemeanor. Each day a subsequent violation continues
constitutes a separate misdemeanor.
(c) A tanning facility that has violated this chapter shall be
liable for a civil penalty not to exceed two thousand five hundred
dollars ($2,500) per day in addition to any other penalty established
by law.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.